1. (a) In a proceeding before the commission in which it is alleged that a telecommunications utility engaged in conduct in violation of Section 52.107, 52.108, 52.109, or 52.112, the burden of proof is on:

   1. (1) a telecommunications utility complaining of conduct committed against it in violation of this subchapter; or

   2. (2) except as provided by Subsection (b), the responding telecommunications utility if the proceedings are:

      1. (A) brought by a customer or customer representative who is not a telecommunications utility; or
      2. (B) initiated by the commission.
2. (b) The commission may impose the burden of proof on the complaining party in a proceeding described by Subsection (a)(2) if the commission determines that placing the burden of proof on the complaining party is in the public interest.

Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.

Amended by Acts 1999, 76th Leg., ch. 1212, Sec. 11, eff. Sept. 1, 1999.